Ordinances and violation of constitution
Q. Which of the following is/are true?
1) Just like an ordinance cannot amend the Constitution, it cannot alter or amend a tax law.
2) Successive re-promulgation of ordinances with the same text without any attempt to get the bills passed by the assembly would amount to violation of the Constitution.- Published on 25 May 16a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2
ANSWER: Only 2
- An ordinance like any other legislation, can be retrospective, that is, it may come into force from a back date.
- It may modify or repeal any act of Parliament or another ordinance. It can alter or amend a tax law also. However, it cannot be issued to amend the Constitution.
- The Supreme Court ruled that successive re-promulgation of ordinances with the same text without any attempt to get the bills passed by the assembly would amount to violation of the Constitution and the ordinance so re-promulgated is liable to be struck down. It held that the exceptional power of law-making through ordinance cannot be used as a substitute for the legislative power of the state legislature.
